eDiscovery Case of the Week with Kelly Twigger

Can Failing to Produce a Privilege Log Lead to Waiver of Privilege and Sanctions?

Kelly Twigger Season 1 Episode 131

 Join me, Kelly Twigger, as we unravel the pivotal decision in Coker v. Goldberg Associates, where a motion for sanctions over incomplete WhatsApp audio file productions takes center stage. This episode is your chance to master the nuances of ediscovery case law, guided by the insights of United States Magistrate Judge Barbara Moses. We'll explore the depths of bad faith in ediscovery, the critical definitions of possession and control, and the significant consequences of failing to meet discovery obligations. Learn how timing and thoroughness in document production can protect your client's position and influence the outcomes of Fair Labor Standards Act disputes.

Discover the complexities of modern communication tools like WhatsApp in legal proceedings and how neglecting a privilege log can lead to a waiver of privilege. Examine the strategic implications for the plaintiff and why early court intervention can be a game-changer in discovery disputes. Whether you're grappling with data preservation plans or understanding the impact of employee departures on e-discovery, this episode equips you with actionable insights to navigate today's legal landscape. Stay ahead in your practice and ensure that you're not caught off guard by the ever-evolving challenges of electronically stored information as evidence.

 Coker v. Goldberg & Assocs. PC
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Thank you for tuning in to Case of the Week with Kelly Twigger. If you found today’s discussion helpful, don’t forget to subscribe, rate, and leave a review wherever you get your podcasts. For more insights and resources on ediscovery, visit Minerva26 and explore our practical tools, case law library, and on-demand education from the Academy. Join us next episode as we break down another important case shaping the future of ediscovery.

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